Can you refuse a breathalyzer in Arizona?
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Statute-verified answerEvery citation resolves to Arizona statute text; every figure is checked against its section. Generated by AI, verified by code.
Yes — but refusal carries an automatic license consequence. Arizona's implied-consent law treats anyone who drives in the state as having consented to a blood, breath, urine or other bodily-substance test once they are arrested for a DUI-type offense, and after arrest you will be asked to submit to and complete the test [1]. If you refuse — which includes failing to expressly agree or failing to successfully complete the test — the officer must inform you that your license or permit will be suspended or denied for twelve months [1], or for two years for a second or subsequent refusal within an eighty-four-month period [1]. Once you refuse, the test is not given, except under a search warrant or a separate provision covering samples already taken for other reasons [1][6]. You can contest the suspension by requesting a hearing, but the department must receive your written or online request within thirty days after the notice or the suspension order becomes final [1].
Refusing blocks the test itself, not the prosecution: officers may still obtain a sample by search warrant, evidence of the refusal is admissible in any civil or criminal action, and a ruling on the suspension has no effect on a separate criminal case [1][6].
For advice about your specific situation, consult a licensed Arizona attorney.
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